Haghighatpour

MEMORANDUM

Mohsen Haghighatpour petitions for review of decisions by the Board of Immigration Appeals (BIA) dismissing his appeal and denying his motion to reopen. We grant Haghighatpour’s petition in part and remand to the BIA.

1. Substantial evidence supports the BIA’s determination that Haghighatp-our failed to establish that he was a victim of spousal abuse for the purposes of cancellation of removal. See 8 U.S.C. § 1229b(b)(2); see also Hernandez v. Ashcroft, 345 F.3d 824, 834-35 (9th Cir.2003). The evidence includes Haghighatpour’s quite detailed arrest report; the 3-year restraining order his wife obtained against him after a hearing at which Haghighatp-our was present; neighbors’ failure to corroborate Haghighatpour’s story; and medical records in which Haghighatpour’s wife reported that her husband was abusing her. Although there is some contrary evidence, the record does not compel a finding that Haghighatpour was battered or subjected to extreme cruelty by his wife.

2. The BIA determined Haghi-ghatpour’s asylum application untimely because he had failed to establish that he either filed it within one year of his arrival in the United States or qualified for an…